Nam Hyun-hee. [Nam Hyun-hee SNS]
Nam Hyun-hee. [Nam Hyun-hee SNS]

An online commenter who posted abusive remarks about former national fencing team member Nam Hyun-hee — who had faced allegations of aiding fraud by her then-partner Jeon Cheong-jo — has avoided punishment after reaching a settlement with her.

According to legal sources Sunday, the fourth criminal division of the Daejeon District Court dismissed the case against the commenter, identified only as A, on appeal, overturning a first-instance fine of 1.5 million won ($1,020).

A dismissal on these grounds closes a case without a ruling on the merits. Under the Code of Criminal Procedure, courts are required to dismiss a prosecution in certain circumstances — including under Article 327, Item 5, which mandates dismissal when a complaint is withdrawn in a case that requires a victim's complaint to proceed. Insult is classified as a complaint-required offense, meaning charges can only be brought if the victim files a complaint. If a statement of non-punishment is submitted before the first-instance verdict is handed down, indicating the victim no longer wishes to pursue punishment, the defendant cannot be convicted.

A had been charged with posting abusive comments twice on a news article about Nam in around October 2023. According to the court, A left comments on the article including: "She really looks like a woman blinded by money — how could she think of marrying someone regardless of whether they're a man or a woman, all for money," and "Every time she opens her mouth, ignorance just spills out."

The comments came amid intense public controversy after Jeon's fraud was exposed. Jeon had been Nam's partner and intended remarriage spouse. When some claimed Nam was a co-conspirator, she gave media interviews saying Jeon had masterminded everything and that she was wrongly accused.

Nam was ultimately cleared. In December last year, prosecutors dropped all charges against her in connection with the alleged fraud conspiracy, concluding that she had been used by Jeon rather than knowingly participating in the scheme.

A related civil case reached the same conclusion. In September, a court ruled in a damages suit filed against Nam by one of Jeon's fraud victims, finding that Nam also appeared to have been deceived by Jeon's lies.

Jeon, by contrast, was convicted of defrauding investors of 3 billion won by posing as the illegitimate child of a chaebol heir. A 13-year prison sentence was confirmed in November 2024. Jeon is currently serving that sentence.

In the insult case against A, the first-instance court handed down a fine of 1.5 million won in April.

The first-instance panel said A had admitted to all the charges, but added that "given the content of the comments and the degree of expression, the victim appears to have suffered considerable psychological distress." It said it had no choice but to impose appropriate liability "to prevent the harm caused by insulting comments targeting public figures and to deter further damage."

The appeals court, however, dismissed the case against A.

The appeals panel noted that, according to the record, a settlement agreement and a statement of non-punishment — prepared in the name of the victim's legal representative — had been submitted to the court one week before the first-instance verdict was handed down. It said it was reasonable to treat this as a withdrawal of the complaint, as the victim had retracted her wish to see A punished.

The court went on to say that the first-instance court should have dismissed the prosecution under the Code of Criminal Procedure but instead returned a guilty verdict. "The first-instance ruling erred in misapplying the legal principles governing complaint-required offenses and must therefore be overturned," it said, dismissing the case.

The ruling is now final.


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